Is the franchisee solely responsible for the hiring of employees for their Bens Soft Pretzels franchise?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
You acknowledge that you are an independent business and solely responsible for control and management of your Store, including, but not limited to, the hiring and discharging of your employees and setting and paying wages and benefits of your employees. You acknowledge that we have no power, responsibility or liability in respect to the hiring, discharging, setting and paying of wages or related matters.
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to Bens Soft Pretzels's 2025 Franchise Disclosure Document, the franchisee is indeed solely responsible for the hiring and management of their employees. The Franchise Agreement explicitly states that the franchisee is an independent business. As such, they have complete control over their store's operations. This includes the critical aspects of hiring, discharging, setting wages, and providing benefits to employees.
This arrangement means that Bens Soft Pretzels franchisees have the autonomy to make staffing decisions that best suit their individual business needs and local market conditions. They are not bound by specific hiring mandates or wage scales dictated by the franchisor. However, this independence also carries the responsibility of ensuring compliance with all applicable labor laws and regulations. Franchisees must handle all aspects of employment, from recruitment and training to performance management and termination, in accordance with legal requirements.
Furthermore, the FDD emphasizes that Bens Soft Pretzels has no power, responsibility, or liability regarding these employment matters. This separation is a common feature in franchising, where the franchisee operates as an independent entity. However, franchisees must also manage any potential claims, litigation, or proceedings arising from the operation of their Bens Soft Pretzels business, including those related to employee matters, and must notify the franchisor in writing of any such issues.